New Regulations for the Administrative Resolution of Trademark Oppositions – INPI Resolution No. 297/2026

On August 6, 2026, the National Institute of Industrial Property (INPI) issued Resolution No. 297/2026 (published in the Official Gazette on August 10, 2026), approving new Regulations for the Administrative Stage for the Resolution of Oppositions against trademark applications, and entirely replacing Annex I to INPI Resolution No. 183/2018, as amended.

The reform is based on the need to introduce operational adjustments to the current procedure, with the aim of automating procedural stages and making the proceedings faster, more predictable, and efficient.

The main amendments are as follows:

• Automation of notices to opponents: The issuance of the notice to the opponent requiring them to state whether they intend to maintain the opposition is now automated.
  
  
• Consolidated evidentiary framework: The separate evidence stage is eliminated, and the parties must submit all evidence exclusively in documentary or instrumental form together with their main pleadings. Exceptionally, where evidence has been offered but could not be submitted in such format, the matter will be assessed at the time of the final decision. In other words, the maintenance of the opposition or the response thereto, as applicable, the payment of the corresponding fee, and the submission and production of evidence are all consolidated into a single 15-business-day period.
  
  
• Evidence based on electronic findings: The new regulations expressly allow the parties to rely on information available from electronic sources, provided that the relevant links are identified.
  
  
• Claims for cancellation and nullity: The treatment of claims for cancellation and nullity under Trademark and Designations Law No. 22,362 is adjusted, allowing them to be raised within the 15-business-day period for maintaining or responding to the opposition, as applicable, and, where appropriate, to be resolved within the same administrative opposition proceeding. Nullity claims under Article 24(b) and (c) are to be referred to the competent courts.

Where the legal grounds for requesting the cancellation of a registration or the nullity of a trademark arise after the expiration of the aforementioned period, the claim may be brought autonomously, provided that this is reported in the opposition proceeding. In such case, the opposition proceeding will be stayed until the decision on the cancellation or nullity becomes final.

• Opportunity to submit final arguments: Since there is no longer a separate evidentiary stage, an automatic opportunity is provided for both parties to voluntarily submit final arguments once the 15-business-day period for the applicant to respond to the opposition and pay the corresponding fee has expired. The parties may also notify the INPI if they have initiated mediation, conciliation, or another alternative dispute resolution mechanism.
  
  
• Appeals: The new regulations maintain the rule that procedural acts are not subject to ordinary administrative appeals. The final decision may only be challenged by means of a direct appeal before the National Court of Appeals for Federal Civil and Commercial Matters, with the obligation to notify the INPI thereof.

Finally, it should be noted that Resolution No. 297/2026 will apply to oppositions against new trademark applications filed as from March 1, 2026, while the previous regime will continue to apply to applications filed prior to that date.

For further information, please access the full text of the Resolution:

For any questions or queries, please contact:

• Dámaso Pardo
• Alejandro Barrientos
• Franco Raffinetti
• Catalina Vitor
• Malena Garcías

This is a general comment and does not in any way constitute legal advice or a legal opinion. Should you require such advice, please contact our professionals.